Assam CM Himanta Biswa Sarma gets clean chit from Gauhati High Court in MCC violation case

Gauhati High Court on June 11 gave a clean chit to Assam Chief Minister Himanta Biswa Sarma and dismissed a complaint lodged by the Election Commission (EC) against him for allegedly violating the Model Code of Conduct (MCC) during Lok Sabha elections in 2019.

CM Sarma had approached the High Court on February 28, 2022, and filed a plea challenging Kamrup Metropolitan chief judicial magistrate AK Baruah's order slapping a Rs 2,000 fine on Sarma and his wife Riniki Sarma. The Bharatiya Janata Party (BJP) leader had also appealed to quash the complaint filed by the Assam additional chief electoral officer (ACEO) officer in May 2019.

MCC violation against Assam CM

The case against Assam CM, who was then a minister holding several portfolios in ex-CM Sarbananda Sonowal's government, and News Live TV channel, of which his wife Riniki was chairman-cum-managing director, was filed by the then ACEO in May 2019 for violating the MCC in the 2019 Lok Sabha polls.

In its February 11 order, the Chief Judicial Magistrate (CJM) had asked both the accused to appear before it on February 26, but the duo did not appear and sought more time. The CJM had accepted their petition and asked them to appear on March 21. A fine of Rs 2,000 was also slapped on them.

When CM Himanta Sarma approached the High Court, Justice Rumi Kumari Phukan stayed all proceedings at the CJM court and called for all the records.

“It appears that in the last order dated 25.02.2022, while the Court accepted the cause of absence of the complainant, who was stated to be busy in election duty, but refused to accept the ground that was given on behalf of the accused petitioner, who was busy with the Hon’ble President of India,” the order said.

“…His absence before the court cannot be viewed with serious complicity and particularly, a petition was also moved on behalf of the petitioner assigning reasons. In that view of the matter, imposition of cost appears to be not on lawful consideration,” the order said.

(With PTI inputs)

Image: PTI